ADCC 156/2007
Type
Case
Court
Abu Dhabi Court of Cassation
Jurisdiction
Abu Dhabi
Taxonomy
General Succession Law & Estate Planning, General Civil Procedure & Administration of Justice
Copyright
LexisNexis
Decision date
18 Mar 2008
Catchwords
Inheritance – Trustee – Share of Inheritance – Expert – Court Authority – Oath Swearing – Evidence
The original dispute involved a claim taken by a trustee to confirm the share of an heir to an inheritance against other heirs. A key point in this case was the status of the oath which the court had asked the other heir to swear and whether it meant the case was settled.
Background
The Zayed Higher Organization for Humanitarian and Special Needs as a trustee of the assets of a reserved person took action against a bank and added the sister of the reserved person as a defendant. The organisation requested the court appoint an expert to view the accounts of the reserved person and calculate his share in inheritance. They requested the bank order the defendant to pay the amounts she should pay.
The court ruled that the defendant should pay 108298 AED and that the bank had nothing to do with the case.
The organisation and the defendant appealed the ruling before the court of appeal. The court rejected the organisation's appeal. The court accepted the defendant's appeal and rejected the case.
Decision